Burglary in New York
There are three categories of burglary in New York: third degree burglary, second degree burglary and first degree burglary.
A person commits burglary in the third degree if he knowingly enters or remains unlawfully in a building with the intent of committing a crime. [PL §140.20] Burglary in the third degree is a class D felony. [PL §140.20]
A person commits burglary in the second degree if he knowingly enters or remains unlawfully in a building with the intent to commit a crime while inside and he or another participant in the crime while entering, inside or fleeing from the building: is armed with explosives or a deadly weapon; causes physical injury to a non-participant in the crime; uses or threatens use of a dangerous instrument; or displays a firearm. [PL§140.25(1)(a)-(d)] A person is also guilty of burglary in the second degree if he knowingly enters or remains unlawfully in a building with the intent to commit a crime and the building is a dwelling. [PL §140.25(2)]Burglary in the second degree is a class C violent felony. [PL§140.25]
A person commits burglary in the first degree if he knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime inside the dwelling and he or another participant in the crime while entering, inside or fleeing from the dwelling: is armed with explosives or a deadly weapon; causes physical injury to a non-participant in the crime; uses or threatens use of a dangerous instrument; or displays what appears to be firearm.[PL§ 140.30(1)-(4) It is an affirmative defense that the firearm was not loaded or not capable of firing a shot capable of causing a serious physical injury. [PL§ 140.30(4)] Burglary in the first degree is a class B violent felony.[PL§140.30]
The statutory definition of “Building” goes beyond its ordinary meaning to include any structure, vehicle or watercraft in which people: stay overnight; conduct business; use as an elementary or secondary school.[PL§ 140.00(2)] "Building" also includes an enclosed motor truck or enclosed motor truck trailer. [PL§ 140.00(2)] Each unit in a multi-unit building is considered a separate building and a part of the main building. [PL§140.00(2)]
A “dwelling” is defined as a building that is regularly occupied by a person lodging therein at night. [PL § 140.00(3)] “Night” is defined as the period between thirty minutes before sunset and thirty minutes before sunrise.[PL§140.00(4)]
A person is considered to unlawfully enter a building if he has no license or privilege to enter the building.[PL §140.00(5)] A person has no license or privilege to enter a building if they have no right, permission or authority to enter it. [CJI2d Burglary] A person remains unlawfully in a building if he stays in building after he has been directed by the owner or his agent to exit the building. [PL §140.00(5)]
A person who enters or remains in a public building does so with license or privilege unless he has been personally advised by the owner of the building or their agent to stay out or get out of the building. [PL §140.00(5)] A person unlawfully enters a building if they enter a private area from a public area. [PL §140.00(5)] A person knowingly enters or remains unlawfully in a building if he is aware that he has no license or privilege to enter or remain in the building. [CJI2d Burglary]
A person has intent to commit a crime in a building if his conscious objective or purpose is to commit a crime inside the building.[ PL§ 15.05(1)] The crime of burglary is separate and distinct from any crime the person commits inside the building. [CJI2d Burglary] The crime of burglary is committed if a person knowingly enters or remains in a building with the intent to commit a crime inside the building even if he never commits or attempts to commit a crime inside the building. [CJI2d Burglary]
“Physical injury” includes any injury causing impairment of physical condition or substantial pain. [PL §10.00(9)] A “deadly weapon” includes: any weapon that can fire a shot capable of causing serious physical injury; a switchblade knife; a gravity knife; a pilum ballistic knife; a metal knuckle knife; a dagger; a billy, a blackjack; or metal knuckles. [PL§10.00(12)] A “dangerous instrument” includes any instrument, article or substance that is readily capable of causing a serious physical injury. [PL §10.00(13)]
Please call me toll free at 1-877-858-2889 if you are ever arrested and charged with burglary or any other crime. I am available 24/7. The initial consultation is free. If the case is not dismissed, I will negotiate a plea bargain acceptable to you or take the case to trial.
